R. Ramya vs P. Prakash
2022 Latest Caselaw 11689 Mad

                                                                               Tr.C.M.P.No.225 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 01.07.2022

                                                         CORAM :

                                   THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                               Tr.C.M.P. No.225 of 2022 and
                                                  C.M.P.No.4563 of 2022

                     R. Ramya                                                          ... Petitioner
                                                              ..Vs..


                     P. Prakash                                                      ... Respondent

                     Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the case

                     in HMOP.No.17/2022 from the Family Court, Coimbatore and transfer

                     the same to Sub Court, Udumalpet.

                                       For Petitioner        : Mr.Udaya P.S.Menon

                                       For Respondent        : No appearance

                                                         ORDER

This petition is filed to withdraw the case in H.M.O.P.No.17 of

2022, pending on the file of the Family Court, Coimbatore and transfer

the same to Sub Court, Udumalpet.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.225 of 2022

2. Heard the learned counsel for the petitioner and perused the

materials available on record. Though the notice was served on the

respondent and his name printed in the cause list, there is no

representation on behalf of the respondent.

3. The petitioner is the wife and respondent is the husband. The

marriage between the petitioner and respondent was solemnized on

05.03.2021 as per Hindu Rites and Customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

H.M.O.P.No.17 of 2022, on the file of the Family Court, Coimbatore,

against the petitioner seeking divorce. Now, the petitioner herein who is

the wife has preferred the present petition to withdraw H.M.O.P.No.17 of

2022 pending on the file of Family Court, Coimbatore and transfer the

same to the file of the Sub Court, Udumalpet.

4. The petitioner has stated that she is staying with her aged

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.225 of 2022

parents and it is very difficult for the petitioner to travel from Udumalpet

to Coimbatore, for attending the Court proceedings at Coimbatore.

5. It is needless to state that in matrimonial proceedings,

preference should be given to the convenience of the wife. The said

position has been settled in various Judgments of the Hon'ble Supreme

Court and more particularly in the Judgments reported in 2008 (9) SCC

353 [Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar

Gupta] and AIR 2002 SC 396 [Sumita Singh Vs. Kumar Sanjay and

another]. Infact as per the amended Section 19(iii-a) of the Hindu

Marriage Act, 1955, the wife is guarded with the right to file proceedings

in the place where she resides. The above amendment was brought with

the object of facilitating the wife to participate in the matrimonial

proceedings without any hardship. In view of the above reasons, I feel

that the prayer of the petitioner should be considered favourably.

6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.

The petition in H.M.O.P.No.17 of 2022 filed by the Respondent is

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.225 of 2022

ordered to be withdrawn from the file of Family Court, Coimbatore and

transferred to the file of the Sub Court, Udumalpet. The learned Judge,

Family Court, Coimbatore is directed to transmit all the records

pertaining to H.M.O.P.No.17 of 2022 to the file of the Sub Court,

Udumalpet, within a period of two weeks from the date of receipt of a

copy of this order. No costs. Consequently, connected Miscellaneous

Petition is closed.

01.07.2022 Index:Yes/No Speaking Order:Yes/No dpq

To

1.The Judge, Family Court, Coimbatore.

2.The Judge, Sub Court, Udumalpet.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.225 of 2022

R.N.MANJULA, J.

dpq

Tr.C.M.P. No.225 of 2022 and C.M.P.No.4563 of 2022

01.07.2022

https://www.mhc.tn.gov.in/judis